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When marriages end in divorce, the fallout can take an emotional toll on the spouses and their children. Couples facing divorce must consider various issues, such as how marital property is divided and whether spousal support payments will be paid. If the couple has minor children, child support and custody considerations will take priority.
If you have legal questions about preparations for divorce in Fort Mitchell, you should speak with an experienced divorce attorney at BFZ Law immediately.
Legal Requirements to Know When Preparing For Divorce
To file for divorce in Fort Mitchell, either spouse must have lived in the Commonwealth for at least 180 days. While a spouse can file for divorce at any time, a judge will typically not grant a final divorce degree for at least 60 days of separation.
To initiate the dissolution of marriage, a spouse must file a petition in a Circuit Court where either party lives. The spouse who files for divorce is called the petitioner, and their partner is the respondent.
The Commonwealth allows for a no-fault divorce that only requires that one spouse believes there is an irretrievable breakdown. According to Kentucky Revised Statues Annotated § 403.170, a finding that a marriage is irretrievably broken means there is no reasonable prospect of reconciliation.
The respondent has the chance to file a response within 20 days of receiving divorce papers. They can express whether they agree or disagree with the petitioner’s statements regarding the divorce, such as challenging a petitioner’s claim that the marriage is irretrievably broken. In this case, the court will make a final ruling on whether the marriage is irretrievably broken.
Considerations For Dividing the Spouses’ Assets
One of the most hotly contested issues during divorce proceedings is how the couple will divide their assets. When preparing for divorce in Fort Mitchell, it is critical that each spouse take inventory of the assets they owned before and during the marriage.
The Commonwealth determines how assets are divided based on equitable distribution. This means that a spouse is not guaranteed a 50 percent share of the marital property.
Ky. Rev. Stat. Ann. § 403.190 provides that the court will make a ruling on how to divide marital property using factors such as:
- The value of the marital property
- The marriage’s duration
- The economic circumstances of each party upon the divorce
- The contribution of each spouse to acquire the marital property
Generally, marital property is defined as all assets acquired by the couple during the marriage. However, not all property owned by the couple is necessarily considered marital property.
Some examples of assets that are not considered marital property include:
- Property acquired by a spouse before the marriage
- Property acquired after a decree of legal separation
- Property acquired by gift, bequest, devise, or inherited during the marriage
- Property excluded by an agreement between the parties, like a prenuptial contract
It is important to remember that even when both spouses fully intend to file for divorce, any property acquired prior to receiving a legal decree of separation is considered marital property.
How to Handle Child Custody and Financial Support
Spouses with children in Fort Mitchell must also think about custody and child support issues when preparing for divorce. Regarding custody, Ky. Rev. Stat. Ann. § 403.270 asserts that the court must consider the best interests of the child.
Some examples of factors that a court can consider regarding the child’s best interest include:
- The child’s wishes
- Whether a parent was guilty of domestic abuse
- The mental and physical well-being of each parent
- The child’s interaction and relationship with each parent
- The child’s adjustment and proximity to their current home, school, and community
If the couple cannot reach an agreement on appropriate child support, the state sets forth how it calculates child support payments in Ky. Rev. Stat. Ann. § 403.212. The state uses factors such as gross income, the number of total dependents, and other relevant information.
Speak With a Fort Mitchell Attorney When Preparing For Divorce
Hiring an attorney during preparations for divorce in Fort Mitchell will help ensure your legal rights are protected. Our legal team at BFZ Law has decades of experience and will work aggressively on your behalf to get positive results.
While the Commonwealth has laws regarding divorce matters such as custody or child support, a capable legal professional can also help a spouse negotiate a separation agreement to resolve these issues. Call now.
